Driver v. Hudspeth
Supreme Court of Alabama
Error to the Orphans’ Court of Chambers county. 1. The petition is insufficient — it should have alleged the title to have been in Vann, at the time of his decease; such a state of facts should be stated as will bring the party within the statute; therefore it is necessary to state the title to have been in the deceased vendor- to give the court jurisdiction.
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Error to the Orphans’ Court of Chambers county. 1. The petition is insufficient — it should have alleged the title to have been in Vann, at the time of his decease; such a state of facts should be stated as will bring the party within the statute; therefore it is necessary to state the title to have been in the deceased vendor- to give the court jurisdiction. Clay’s Digest, 157 § 38; Simpson v. Simpson, Minor Rep. 33; Crim’s adm’r'v. Townsend, 9 Ala. 403. 2. The submitting the cause to the determination of a jury in this case was error. Willis’ adm’r v. Willis’ heirs, 9 Ala. Rep. 330;…
1Opinion of the CourtChilton, J.
The petition in this case avers that Huds-peth, the petitioner; purchased the land from Vann, and received his title bond by which Vann covenanted to make title when the purchase money was paid, or when he should procure a patent from the United States. It is wanting in one essential averment, to wit, that Vann was the owner of the land, to which the party prays the court to order the administrator to make title. The act provides that “ when any person awning lands or tenements, shall sell the same, and enter into bond to make titles,” &c. — Clay’s Digest, 157, § 38. This statute confers upon…
2Cases cited6 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Kirksey v. BatesSupreme Court of Alabama · 1840
- Reynolds' Adm'rs v. Reynolds' DistributeesSupreme Court of Alabama · 1847
- Gayle v. RandleSupreme Court of Alabama · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Jaques v. HortonSupreme Court of Alabama · 1884
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- Ware v. CurrySupreme Court of Alabama · 1880
- Shorter v. FrazerSupreme Court of Alabama · 1879
16 more not listed; retrieve them via the Exa API.